Case Results

Our litigation team obtained a settlement with a lifetime payout of over $12,750,000 for a middle aged woman who was diagnosed with a brain arteriovenous malformation – AVM – which is a tangle of abnormal and poorly formed blood vessels in the brain that increase the risk of bleeding. The woman’s primary physician referred her to a neurosurgeon, who failed to properly identify the AVM and timely order a crucial study. It was argued that the delay in diagnosis resulted in the rupture of her AVM. She suffered permanent catastrophic injuries including locked-in syndrome, a condition in which she is awake and alert, but completely paralyzed. Fortunately, this brave woman eventually regained limited muscle function that allows her to communicate with her family. She requires constant care from her husband, her sons and hired caregivers. The settlement will allow her to safely remain in her home and obtain lifelong medical care.

A teenage boy with a bleeding disorder was not timely diagnosed as requiring treatment which would have prevented a serious brain bleed resulting in permanent injury that left him disabled. Before his injury, the boy had undergone a bone marrow biopsy which revealed a very low platelet count and a very low white blood cell count. He obtained a transfusion and was sent home waiting for the results of the biopsy. He started to complain of increased leg pain and he was taken to a hospital emergency room. Despite the fact that his platelet count continued to be very low he was sent home where he later collapsed after complaining of severe leg pain. The client was taken back to the hospital and found to have a large intracranial hemorrhage of the brain. As a result, he was left with severe permanent physical and visual limitations despite undergoing months and months of extensive physical and occupational therapy. Two hospitals were involved as were multiple physicians. The medical malpractice case was hotly contested and trial began. As a result of compelling testimony at trial, the case settled for $6,500,000.00 which will provide for the lifelong needs for this fine young man. Numerous expert medical physicians, a life care planner, an economist and others were retained in order to establish the responsibility of the defendants and to establish the lifelong needs of our client. Our litigation team obtained a result in this central Pennsylvania case, which will benefit our young client throughout his life.

The Court approved a lifetime care plan of more than $5,000,000 for a wonderful young boy who loves baseball but will never be able to play because he was diagnosed with cerebral palsy following his pre-mature birth. Our litigation team with the backing of nationally renowned medical specialists contended that the pregnant mother and her infant were not properly monitored during pre-term labor, that a timely C-section was wrongfully delayed and following birth the infant was not properly ventilated with critical oxygen supplementation.

Our middle-aged client lived with his parents in Pennsylvania. He was disabled. He fell and went to an emergency room and later developed a high fever. He was found not to be moving very well and he had numbness in both of his hands. There was no MRI machine in the hospital and they had to wait until the end of the weekend to see what was happening in his spine. When they finally got around to doing the MRI there was an infection in the spine. There was documented spinal cord compression which was ignored. He needed to see a neurologist to find out what was going on in his spine but no evaluation was performed. As a result, our client suffered spinal cord permanent injury with paraplegia. Numerous experts were retained to prove not only the responsibility of the negligent doctor and hospital but also to establish all of the future needs of our client. A life care plan was prepared. The case was ready for trial and it was agreed that a mediation would take place. As a result, a settlement of $3,500,000.00 was achieved. This medical malpractice case took tremendous effort by our litigation team.

An innocent parent died and we pursued a wrongful death case against a trucking company and shipper. Our lawyers litigated through a bankruptcy filing by the trucker and numerous attempts to move the case out of Berks County, but we were successful in keeping the case here and successfully reaching a settlement just before trial. Our trial team assisted the Berks County District Attorney’s office in the successful prosecution of the truck driver for recklessly causing this tragic death.

A careless drunk driver was operating her car in the morning on a winter day when she hit black ice and was unable to control her vehicle causing a crash with our client’s car. After several months of treatment, our client had to undergo neurosurgery because of injury to her spine. Tragically, she developed fatal complications which lead to her death. She had been a good wage earner and had been married for many years to her devoted husband. The drunk driver had minimum bodily injury liability insurance. Our clients had multiple vehicles insured by an auto insurance company, but the insurance company argued that there was underinsured motorist coverage of only $1,000,000.00. Although that was a substantial amount, we were able to challenge the amount of insurance successfully and obtained a settlement against both auto insurance companies in the amount of $3,265,000.00. In order to achieve such a large settlement, we hired highly qualified experts including an economist and a physical medicine specialist for the purpose of documenting the loss in an extensive all day mediation. With compelling evidence, we were able to prevail on behalf of our client’s surviving husband and children and thereby obtain this massive settlement. It was not easy but this family deserved the best possible representation and it was provided.

Two prematurely born infants in a hospital were given the wrong medication. One died, and the other suffered severe trauma. The total settlement we and our litigation partners obtained from the hospital was $3,000,000.

Despite our client having significant pre-existing injuries which required him to use canes before the low speed collision, Liever, Hyman & Potter attorneys successfully presented a claim that the accident-related injuries substantially worsened the client’s pre-existing condition, and reached a settlement with the defendant driver and her Employer’s insurance company for a lump sum payment in excess of $1,000,000.00, with additional lifetime payouts of over $2,000,000.00. The client was stopped at an intersection and his car was struck from behind at a low speed, with little structural damage to the vehicles. He didn’t immediately seek medical attention, yet we were able to prove that when he did follow up the newly disabling injuries were caused by the latest collision.

A woman who was seriously injured when her vehicle was struck by a drunken driver has won a settlement of $2.5 million. The victim, a middle aged woman, was driving home from work at night when the vehicle operated by an underage intoxicated driver swerved into her path. The woman was life-flighted to a hospital where she was treated for multiple serious injuries, and subsequently required several surgeries, including a joint replacement. She was represented by the Berks County, PA law firm of Liever, Hyman & Potter, who brought suit against the underage drunk driver and the restaurant that was responsible for serving her. Including future payments, the settlement is expected to total more than $2,575,000.

A Court approved settlement of $2,350,000 was obtained for a child who suffered dramatic birth trauma. Our medical malpractice litigation team successfully demonstrated that the doctors in training improperly allowed the mother's labor to proceed while the fetus was being deprived of needed oxygen. An earlier emergency C-section was mandated in order to avoid the brain injury which occurred. The hard fought settlement which was achieved allowed for the establishment of a specials needs trust, and the family was able to purchase a handicapped accessible home for the child and to make sure that all necessary care be provided for the child as he develops and grows. The substantial trust funds will ensure continuing income and the best treatment and therapies throughout the child’s lifetime.

Liever, Hyman & Potter was able to secure a $2,250,000.00 million settlement for the benefit of a wife and her adult children, after the death of her husband. A lawsuit was filed as a result of a prescription error wherein the patient, who was already disabled from a host of serious medical issues, was given a tenfold increase in his narcotic pain medication which ultimately resulted in his death. A claim was brought both against the prescribing physician and the pharmacy who improperly filled the prescription. We successfully asserted that the family doctor improperly prescribed pain medication that was ten times the proper dose and the Pharmacist who filled the prescription failed to recognize the error or contact the family doctor, and filled the prescription that caused death in this pharmacy and medical malpractice case.

The Court approved a $2,000,000.00 settlement on behalf of a child delivered at 35 weeks gestation to a teenage Mom. The mother was initially seen at one hospital and then transferred to another hospital; however, delivery was not performed in a timely manner. Numerous medical experts were consulted to successfully present the claim that the fetal monitor strips indicated problems with the baby getting sufficient oxygen and that delivery should have been emergently performed. For the benefit of the child, the settlement proceeds will be placed into a special needs trust for a lifetime of care.

Following neck surgery, our client, who was a plumber, developed an infection that was not detected. Because of the delay in diagnosis, the infection was able to attack his spinal cord, which resulted in paralysis. Working with our litigation partners, a $2,000,000 settlement was obtained just before the trial was scheduled to begin.

This successful settlement was achieved against a construction company when one of its drivers slammed a heavy duty work truck into a parked vehicle in which our client was a passenger. We proved both physical injuries and also brain damage that harmed our client for life. Our trial team also assisted the Berks County District Attorney’s office in the successful prosecution of the reckless truck driver who plead guilty to his crimes.

A settlement was reached for an injured worker when he was placing work cones to alert traffic, and his hand was massively lacerated when a passing tractor trailer smashed into a flatbed construction truck. He had to endure several surgeries, and his ability to work and earn a living was drastically impaired. We also successfully handled and resolved his worker compensation claim arising from this work injury.

A $2,000,000.00 settlement was earned on behalf of a 21 year old client who was severely injured when a tree fell during a thunderstorm. Liever, Hyman & Potter successfully asserted that a landscaping service hired by a local borough failed to properly perform inspections and ensure that unsafe trees were properly maintained to withstand thunderstorm winds. Nationally renowned experts on Forestry and Weather were retained to prove the improper actions. Day in the Life videos and Lifetime Care Assessments were prepared so the jury could appreciate all of the harm suffered by our client who endured a spinal cord injury.

A settlement of $1,450,000 has been recovered for a single mother whose car was struck by a bus. The young woman was waiting for traffic to clear in order to turn left into a parking lot. A large commercial bus traveling behind her failed to stop and swerved into the oncoming lane as the woman began her turn. The collision resulted in a serious head injury and multiple fractures. The victim was life-flighted by rescue helicopter to the nearest trauma hospital. After an extensive hospitalization, she was transferred home where she was immobilized in a hospital bed and required in-home health care, physical and occupational therapy.

The family of a passenger killed in a one-vehicle accident has received a settlement totaling $1,400,000 from the Pennsylvania Highway Department, the driver’s insurance and the family’s own underinsured motorist coverage. According to attorneys at Liever, Hyman & Potter, “the car was driving down a steep hill on a state roadway when the driver allowed her vehicle to edge off the road surface to the right. There was a drop off and no berm. When she tried to correct her steering she lost control, went across the roadway and crashed in a ditch.”

The wrongful death attorneys represented the estate of a deceased passenger against the driver and the Highway Department responsible for roadway design and maintenance.

A young man was operating his motorcycle and was driving home from work when a careless oncoming auto driver made a left turn directly in front of him causing a collision which severely injured our client’s brachial plexus in his shoulder of his dominant arm. He had been doing computer type work which required the use of his right arm and the injury was devastating to him. We fully documented his profound loss and entered into extensive settlement negotiations with the responsible insurance companies. We hired a vocational expert who performed a detailed disability analysis which was very helpful to our client. We were able to obtain primary liability insurance, excess liability insurance and underinsured motorist coverage with the full payout of all coverages in the amount of $1,315,000.00.

A $1,280,000 settlement has been reached in favor of a retired man seriously injured in an auto accident at a city intersection. The victim, who was represented by the law firm of Liever, Hyman & Potter, sustained injuries to his spleen, liver, ribs and left occipital bone when another vehicle ran a red light during a rain storm. He required tracheostomy and ventilation during recovery, which delayed speech therapy. He also suffered constant pain and sleep disruption as a result of fragments from the fracture of eleven ribs.

The settlement included the entire available bodily injury coverage of $1,250,000, plus the maximum $30,000 in underinsured motorist coverage.

A young and inexperienced driver, disregarded a red light while it was raining and drove her SUV into an intersection causing a two-vehicle crash. Our client was rushed to the hospital and was admitted to the intensive care unit. He had 11 rib fractures. He also had an acute pulmonary emboli (blood clot) and a significant loss of blood. He continued to suffer from respiratory failure. For a time he was ventilator dependent. He had to have a stomach tube implanted to eat. Because of his injuries he needed speech therapy and had to address swallowing difficulties. He was diagnosed with traumatic brain injury. He did ultimately enjoy a partial recovery but was left with serious ongoing difficulties. All available bodily injury liability insurance and underinsured motorist coverage were demanded and after extensive negotiations, all available funds were paid resulting in the settlement of $1,280,000.00.

The Court approved a $1,200,000.00 settlement obtained for the children of the mother who died following childbirth. Our medical malpractice litigation team successfully demonstrated that the mother had an rare abnormal condition which should have been identified earlier, and an earlier caesarian section delivery should have been performed. With support of nationally recognized medical specialists, we successfully showed that had proper care been rendered the mother could have survived. The case was vigorously contested by the defendant Hospital arguing that earlier delivery would not have mattered but the medical malpractice case was settled for $1,200,000.00.

The insurer for the driver of a truck that swerved to avoid rear-ending a school bus and collided with another vehicle has paid 1.2 million for the serious injuries suffered by the other driver. An investigation by the victim’s attorneys at Liever, Hyman & Potter determined that the truck driver was following the bus too closely. A trucking expert who was retained by the law firm was prepared to testify that if the driver had kept a proper distance between his truck and the bus, he could have brought his truck to a stop without hitting the bus and without crossing the centerline.

On the way to work, a client was waiting for traffic to clear in order to turn left into a parking lot. A large commercial vehicle traveling behind the our client’s car failed to stop and swerved into the oncoming lane as our client attempted her turn. The terrible crash resulted in massive injuries including multiple fractures and a head injury. Settlement exceeded $1,200,000.

A $1,100,000 settlement was obtained on behalf of a severely injured 73 year old retired home economics teacher. Our client suffered severe injury on Route 73 between Blandon and Oley, Pennsylvania when a dump truck coming in the opposite direction swerved into the oncoming lane of traffic and overturned and crushed our client’s car. Although the truck driver claimed that his actions were necessitated by the sudden unexpected stopping of a car in front of him, we were able to conduct an extensive investigation which completely undermined his defense. Our client suffered massive injuries including numerous fractures and underwent surgeries. She required both inpatient and rehabilitation care as well as home care. There were extensive medical bills paid by her health insurance which demanded that the payments be repaid out of the settlement. That demand was successfully contested and a lien by Medicare was dramatically reduced.

A 37-year-old construction worker was descending a temporary staircase on a building site when the staircase suddenly collapsed, causing him to fall and shatter his ankle. We were able to prove that a support for the staircase had been removed, with the result that it was only a matter of time before the staircase collapsed. We obtained a settlement of 1.1 million dollars.

Our client, a mechanic and truck driver for a construction company, suffered fatal injuries while using a truck-mounted crane to load equipment onto a truck. His claim was initially denied and we filed a Fatal Claim Petition on behalf of his wife. During litigation before the workers’ compensation judge, we were able to convince the work comp insurer and its lawyer that their positon was not tenable and an agreement to pay compensation for death was approved by the Judge. The surviving widow continues to receive those benefits to this day.

Our client, a mechanic and truck driver for a construction company, suffered fatal injuries while using a truck-mounted crane to load equipment onto a truck. His claim was initially denied and we filed a Fatal Claim Petition on behalf of his wife. During litigation before the workers’ compensation judge, we were able to convince the work comp insurer and its lawyer that their positon was not tenable and an agreement to pay compensation for death was approved by the Judge. The surviving widow continues to receive those benefits to this day.

A man was riding his motorcycle to a local bank on a Saturday morning, when he was struck by an auto that pulled out from a stop sign at a dangerous intersection. Our client, who was a factory worker, suffered a brain injury. The $1,040,000 settlement we won for him included the maximum that could be collected from the state, as well as from the municipality, as a result of improper highway design. We also obtained the policy limit from the negligent driver’s insurance company.

Settlement was reached for a motorcyclist who was injured when a van pulled out onto the highway directly in front of the motorcycle. Our client suffered serious injuries. Liability in the case was fiercely contested, however, our trial team secured a nationally famous accident reconstruction expert who used scientific evidence with computer enhanced graphics to prove the negligent conduct.

When she was an infant, her doctor failed to diagnose congenital dislocated hips. As a teenager, she suffered harm when a nerve was injured during surgery. At the age of 20, as the client of Liever, Hyman & Potter and our litigation partners, she won a $1,000,000 verdict plus delay damages.

A young man in his 20’s underwent lower back surgery. During the procedure, a metal screw perforated a blood vessel. The problem was not promptly diagnosed. Additional surgeries to correct the injuries to his blood vessel caused serious swelling of his leg and severe pain. Our firm and litigation partners obtained a $1,000,000 verdict and judgment for our client.

A settlement was found to be appropriate by the Court for a widow and two surviving children of a 56-year-old delivery truck driver who died following successful hip replacement surgery. The case was hotly contested. The gentleman died after he was misdiagnosed as having heart symptoms when he was really suffering from pulmonary emboli. A fatal emboli caused his untimely death. Our trial team retained highly qualified medical specialists that offered that he received negligent care and that his death could and should have been avoided.

The husband, who died because of medical malpractice, was a delivery man for a trucking company. He had hip replacement surgery and several weeks later while going to physical therapy he developed shortness of breath and experienced weakness and other symptoms and was admitted to a hospital and despite tests that showed that he had a pulmonary emboli coming from clots in his legs, he was worked up for a heart attack and did not receive timely and adequate blood thinning therapy. This case was aggressively contested and both sides had hired numerous medical experts to testify. When the case was at the trial stage, it settled for $1,000,000.00 with proceeds paid to the decedent’s wife and adult children. Our litigation team had to face many obstacles but was ultimately successful on behalf of this family.

This impressive result was reached for a pedestrian who was hurled down by a turning pick-up truck in a busy business district. We successfully proved that additional reconstruction surgery was required because of his injuries as a pedestrian, even though the client later fell and reinjured himself at work. We were also able to get the client a substantial payment for that work injury.

Volunteer firemen are considered employees of the municipality they serve. Following the placement of snow chains on the fire trucks of the borough’s fire company, the volunteer fireman suffered a fatal heart attack. Through our retention of a medical expert and the providing of his testimony, the workers’ compensation Judge awarded death benefits to the surviving widow. She continues to receive those benefits to this day.

A day care center accident that blinded one eye of a 22-month old child and that “could have and should been prevented,” has been settled with guaranteed payouts over the boy’s lifetime in the amount of $1.2 million, and an expected life payout of $3.1 million.

Expert witnesses enlisted by the law firm of Liever, Hyman & Potter countered the assertion of staff members that the child injured himself playing with a harmless toy train.

“Two of the three staff members had no formal training in child care, and each of them provided a different account as to what exactly the child was doing at the time of his injury,” explained attorneys from the law firm, which conducted an extensive investigation. “The child’s treating physician, a renowned pediatric ophthalmologist, has clearly stated that it is not plausible that the toy train could have caused the injury suffered by the child.”

The law firm also consulted with and hired a Rehabilitation Counselor and life care planner, an economist, and a child safety expert, to review the facts and circumstances surrounding the tragedy and provide expert testimony on the child’s behalf.

A nursing home employee attempted to move a 98 year-old nursing home resident without assistance using a mechanical lift. The resident was supposed to be assisted by two employees whenever she was moved. Further, the one employee who did attempt to move the resident without assistance also failed to properly use the mechanical lift. The resident suffered a fractured hip and head injury as a result of the fall. She lived another 6 months, and her condition deteriorated as a result of her injuries. She soon thereafter passed away due to her injuries. The case was contested by the defendants. We and our litigation partners obtained a six-figure settlement. The terms of the settlement are confidential.

We and our litigation colleagues represented the family of a 64-year-old man who was hospitalized for a serious heart condition. After the hospital performed life-saving heart surgery, the nursing department of the hospital failed to properly turn and reposition the man every 2 hours while he laid in bed during recovery from surgery. He completely relied upon the nursing department to turn and reposition him to relieve pressure off of his sacral area. The patient developed a Stage IV pressure sore on his sacral area which caused terrible pain. The terms of the settlement are confidential.

A 62-year-old man had diabetes and significant kidney disease. He arrived at the defendant hospital due to dizziness from his low blood sugar. He was taking certain known medications for his kidney disease. When he arrived at the hospital, the hospital staff used improper testing methods to determine his sugar levels and therefore improperly administered insulin causing him to fall into a diabetic coma. He never woke up and died soon thereafter due to the hospital’s improper testing methods and improper administration of the wrong medication. The terms of the settlement are confidential.

We and our litigation partners represented the wife and estate of a 74-year-old man, who was very ill and had a limited life-expectancy. The resident suffered several falls in a short time period. The last fall caused fatal head injuries. The evidence demonstrated that the fall was preventable and should not have occurred. The nursing home failed to provide all of the necessary safety measures to prevent the fall and subsequent head injury. The nursing home’s chart was confusing and inconsistent. Further, the nursing home failed to properly monitor the family’s loved one after the fall which resulted in further injury and death. The family received a significant six-figure settlement. The terms are confidential.

We and our litigation partners represented the 3 adult children of an 82-year-old woman, who was supposed to be in the nursing home for short-term rehabilitation. Unfortunately, she fell 6 times in the nursing home in only 3 months, and the last fall caused her death. Because of the nursing home’s failure to provide proper fall precautions, the otherwise healthy 82 year old woman never returned home to be with her family. During this admission, the resident also suffered malnutrition and dehydration. The last fatal fall caused a significant hip fracture, which resulted in our client’s quick decline and death. At the family’s request, this matter was resolved very early in the litigation in order to avoid the stress of a long battle with the nursing home. The terms of the settlement are confidential.

The wrongful death lawyers at LH&P and our litigation team represented the family of an 87-year-old man whose family was forced to place him in a nursing home for his own safety. Only after an admission to a hospital was it discovered that their loved one suffered numerous serious pressure sores, dehydration, malnutrition, renal failure, and sepsis (infection) secondary to the pressure sores. The pressure sores, dehydration, malnutrition, infection, and sepsis were the result of severe neglect, and were the cause of his injuries, pain/suffering and death. The nursing home was issued deficiencies by the Department of Health after it conducted a survey due a complaint filed by the family regarding the lack of care. The nursing home was cited for violation of numerous State and Federal Nursing Home Regulations in the areas of the “Exercise of Rights,” “Pressure Sores,” “Mental and Psychosocial Functioning,” and “Accidents.” The nursing home vigorously disputed the case. The case proceeded to arbitration and the family was awarded a significant financial award. The terms are confidential.